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← 254 N.C. 568 - Grindstaff v. Watts

Grindstaff v. Watts’s Empirical Analysis

1961

Citation profile

30
cited by 30 later decisions
2
states following
January 2005
most recently cited

3 federal appellate · 27 state decisions

How this case has been cited

Cited by 30 later decisions — most recently January 2005 · most notably General Insurance Company of America v. Faulkner (1963), 85 N.C. App. 262 - Byrne v. Bordeaux (1987)

3 federal appellate · 27 state decisions

13019611970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Hays v. Hogan · Thompson v. Lassiter · Stansel v. McIntyre · Linville v. . Nissen · Lane v. Chatham

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The family purpose doctrine ‘came into being as an instrument of social policy to afford greater protection for the rapidly growing number of motorists in the United States.’ 38 N.C. Law Review 252-3. Perhaps nothing has had so great an impact on the business and social life of this country during the past half century as the advent and ever increasing use of automobiles and trucks. It was probably inevitable that there should be an alarming number of collisions and accidents resulting in injuries, suffering and economic loss. This possibly justified the search of the courts for some device to impose a greater degree of financial responsibility. On the other hand, the fact cannot be ignored that a majority of the jurisdictions have managed somehow without the family purpose doctrine. It is certain that the courts in the adopting States have been exceedingly reluctant to broaden its scope or to extend it to other instrumentalities.””
    2 later decisions quote this exact passage
  2. ““The family purpose doctrine is an anomaly in the law. When the facts essential to invoke the doctrine are established by the verdict or admitted, an irrebutable presumption arises that the family member operator was the agent of the family member owner and acted pursuant to and within the scope of the agency. ‘The doctrine is an extension of the principle of respondeat superior. . . .’ 38 N. C. Law Review, 249, 250. In this State it is not the re- suit of legislative action, but is a rule of law adopted by the Court.””
    2 later decisions quote this exact passage
  3. “"At common law it is well established that the mere relation of parent and child imposes on the parent no liability for the torts of the child...." 67 C.J.S. Parent and Child s. 66, p. 795. "Relationship does not alone make a father answerable for the wrongful acts of his minor child. There must be something besides relationship to connect him with such acts before he becomes liable. It must be shown that he approved such acts, or that the child was his servant or agent." Brittingham v. Stadiem, 151 N.C. 299, 300 , 66 S.E. 128 . "To impose liability upon the parent for the wrongful act of his child (absent evidence of agency or of the parent's participation in the child's wrongful act), for which the child, if sui juris, would be liable, it must be shown that the parent was guilty of a breach of legal duty, which concurred with the wrongful act of the child in causing the injury. `A parent is liable if his negligence combines with the negligence of the child and the two contribute to injury by the child.' 67 C.J.S. Parent and Child s. 68." Lane v. Chatham, 251 N.C. 400, 402 , 111 S.E.2d 598 . In the case at bar there is no showing that the boat was structurally or mechanically defective, that the son was inexperienced in the operation of the craft or was on any prior occasion reckless or irresponsible in its operation, or that the son was on any mission or engaged in any business for his father at the time of the accident. Therefore, the evidence is insufficient to impose lia”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.